From Casetext: Smarter Legal Research

Matter of Feldman

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 626 (N.Y. App. Div. 1995)

Opinion

June 1, 1995

Appeal from the Unemployment Insurance Appeal Board.


After a hearing, the Board found Stephen E. Feldman, P.C. (hereinafter the corporation) liable for additional unemployment insurance contributions attributable to its employment of Kenneth Feldman, a part-time attorney. The corporation contends that the Board erred in making this decision because Feldman was not an employee, but rather was an independent contractor. However, inasmuch as the record reveals that, among other things, the corporation reviewed Feldman's work, provided Feldman with use of its office and staff, billed clients and paid Feldman directly, we reject this contention and find that substantial evidence supports the Board's decision.

Mercure, J.P., Crew III, White, Casey and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Feldman

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 626 (N.Y. App. Div. 1995)
Case details for

Matter of Feldman

Case Details

Full title:In the Matter of STEPHEN E. FELDMAN, P.C., Appellant. JOHN E. SWEENEY, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 1, 1995

Citations

216 A.D.2d 626 (N.Y. App. Div. 1995)
627 N.Y.S.2d 180

Citing Cases

Matter of Ianniello

a month for Ianniello's clients. Ianniello appeals from the Unemployment Insurance Appeal Board's decision…

Matter of Claim of Mintzer

Claimant also received fringe benefits from the firm, including four weeks of annual paid vacation. Under…